TMI Blog1987 (3) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... Issac Haji Moosa Sait. He challenges exhibit P-1 order in so far as it relates to a demand for payment of interest under section 32 of the Gift-tax Act, 1958, in the sum of Rs. 81,982 for the period from December 17, 1971, to March 31, 1979. He also challenges exhibit P-3 order of the Commissioner of Income-tax affirming exhibit P-1. The Gift-tax Officer completed the assessment on July 27, 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue, as result of which the substratum of the appellate orders disappeared and the order of the Gift-tax Officer was restored in full vigour. Consequent upon the answer given by this court and the restoration of the original order of the Gift-tax Officer, the assessee was called upon by exhibit P-1 order to pay interest under section 32(2) of the Gift-tax Act, 1958, in respect of the unpaid amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ker.) This is what is stated in that judgment (p. 122) : " In the absence of any statutory provision to the contrary, or an interim stay granted by the competent authority, the order, although not final, is provisionally executable, subject to restoration. The finality of exhibit P-2A was qualified by and subject to appeal, which was taken before the appellate authority. The order of the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner by Ex. P-7." This decision was confirmed by a Division Bench of this court in Income-tax Officer v. A. V. Thomas Co. [1986] 160 ITR 818 (Ker). Following the principle stated above, we are of the view that exhibit P-1, in so far as it relates to interest, and exhibit P-3 affirming that order, are perfectly valid. The original petition is accordingly dismissed. No costs. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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